| I. Defined Terms:
Unless otherwise specified, the capitalized words
shall have the meanings as defined herein below:
- "User" or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
- “Date of Commencement”: Is the date indicating the acceptance
of the application by the user to the service. It shall be specified
by the company in it s notice to the user either through e-mail
or conventional mail.
- “Date of Termination”: Is the date of expiry mentioned
in the notice or/and the letter of termination.
- “My Subscriptions”: Contains time to time information
and description of the Services for the User provided by the Company
in writing or contained in the website 11sqft.com
- “Registration Data”: Is the database of all the
particulars and information supplied by the User on initial application
and subscription, including but without limiting to the User'
s name, telephone number, mailing address, account and email address.
- Words referring to masculine include the feminine and the singular
include the plural and vice versa as the context admits or requires;
and Words importing persons includes individuals, bodies corporate
- “Services”: Means the Services to be provided by
the Company to the User of 11sqft.com
and shall include the provision of following facilities:
- Service to the Users wishing to post their profile or listing
for the purpose of sale/rental of their property, and for users
providing property services etc..
- Service to the Users who wishes to secure a property through
and its Internet links.
- Service to the users who wishes to place a print advertisement
in any of the group publications through the www.11sqft.com
- Service to the Users who wishes to insert advertisements at
- Service to the Users who wishes to receive advertisements and
promotional messages on www.11sqft.com
and through emails.
| II. Commencement of
- The Service shall be deemed to have commenced on the Date of
Commencement of service.
| IV. Payment & Refund clause
- For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services. Customer agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund.
- Where Subscription Fees accrues it shall be payable at or within
such time as stated in the invoice(s) issued by the Company to
- The Subscription Fees shall be paid by the User on demand.
In case the user disputes the same for any reason whatsoever,
he shall make the payment towards the Subscription Fees accrued
subject to the decision of the Company on the dispute. In the
event of Company’s deciding the dispute in the User’s
favour, the Company shall refund to the User any excess amount
paid by the User free of interest.
- Any delay in the payment by the User of any sums due under
this Agreement, the Company shall have the right to charge interest
on the outstanding amount from the date the payment became due
until the date of final payment by the User.
| V. Charge Back Policy
- Payment for the services offered shall be on 100% advance basis.
- Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
- Refund if any will be at the sole discretion of 11sqft.com Reality Services Limited only.
- User acknowledges and agrees that 11sqft.com Reality Services Limited at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to 11sqft.com Reality Services Limited under any other agreement or commercial relationship towards other products/services.
- 11sqft.com Reality Services Limited offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
| VI. Cancellation
shall reserve the exclusive right to cancel any content whatsoever
from being published or reflected on its website or in any other
mode. The cancellation charges payable to the User shall be at
the applicable rates laid down in the cancellation and refund
- For Platinum listing packages, there shall be no cancellation
or refund of orders booked/payments made via online payment options
(except in the case of Cheque & Demand Draft). Cancellations
requests for orders placed via cheque/demand draft can be made
only before such payment is realized by MBRSL.
| VII. Obligations of User/Subscriber
- The accuracy of the Registration Data given to the Company
on initial application for the Service shall be the sole responsibility
of the User.
- The user agrees that any data entered into herein will be subject to mandatory verification process by 11sqft.com Realty Services Limited.
- Any licenses, permits, consents, approvals and intellectual
property or other rights as may be required for using the Service
shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions
given by the Company from time to time to enable the use of the
- The User understands and agrees that User is responsible for
all applicable taxes and for all costs that are incurred in using
the 11sqft.com service.
- The User shall be solely responsible for all information retrieved,
stored and transmitted through the Service by him.
- The User shall keep confidential and not disclose to any person
the User's password and user identification and all activities
and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized
use of the User's account or any other breach of security known
to the User.
- The User shall promptly make the payment to the Company towards
the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration
of his equipment for access to the Service.
in its sole discretion shall reserve the right to edit, modify
and alter the content. User agrees that the online advertisements
placed with 11sqft.com
shall be reflected after 48 hours. The user further agrees to
the stipulated 48 hours processing.
- The User will indemnify for any action or claim
committed/made by any third party resulting from any information
posted on the site by the user or/and anybody else on his behalf.
- “Magic Bricks do not accept any responsibility towards
the data entered in our website. The user who has entered the
data is fully responsible for any wrong data entered and be liable
for any and all action taken by third party (whether civil/criminal).
11sqft.com Realty Services Limited however shall Endeavour to use the best industry
practice of weeding out all wrong data/ false data entered and
undertakes to withdraw all such data within 24 hours of receipt
of such complaint. All complaint should be addresses by email
at email@example.com or intimated by phone at 0124-4869300”
- “The user agrees that any data entered into herein can
and shall be saved, used and commercially exploited by 11sqft.com Realty Services Limited
as deemed fit by them”.
- “User of the website agrees to indemnify and keep 11sqft.com Realty Services Limited indemnified from any wrong/false data entered into
and hereby warrants and covenants that all data entered into the
website is true and correct and belongs exclusively to him and
not to any other third party”
| VIII. Prohibited Actions
- User is restrained from allowing any person other than the
authorized person(s) named in the application form to use the
- The User undertakes not to resell or assign his/her rights
or obligations under these Terms & Conditions. User also agrees
not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which
it is subscribed.
- The User shall comply with all applicable laws (and shall not
contravene any applicable law) of India relating to the Services,
including any regulation made pursuant thereto.
- The User shall not to print, download, duplicate or otherwise
copy, delete, vary or amend or use any data or personal information
posted by any User on 11sqft.com
except such data and information which is posted by the particular
- The User shall not share the Service with any person without
the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose
including without limitation criminal purposes.
- The Service shall not be used to send or receive any message,
which is offensive on moral, religious, racial or political grounds
or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited if they persistently send messages
or make postings on 11sqft.com
to any other User or third party who access 11sqft.com
without reasonable cause or for causing any threat or/and harassment
or/and annoyance or/and anxiety or/and any other inconvenience
whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights
of any person or/and retain information in any computer system
or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide,
royalty-free, irrevocable, sub-license able (through multiple
tiers) right to exercise all copyright and publicity rights, in
any existing or future media, known or unknown, over the material
or User Data displayed in your listings. For the purpose of this
Agreement, "User Data" shall mean all information (if
any) submitted by the User to 11sqft.com
with the exception of trading data, credit card numbers, checking
account numbers, etc. "Individually Identifiable User Data"
shall mean that subset of "User Data" which can be reasonably
used to identify a specific individual such as their name, address,
phone number, etc. The User Data shall be deemed to be the property
The User shall take all reasonable efforts to ensure that it is
accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other
than as necessary to complete any transactions in which you are
- The User shall not violate, or attempt to violate the security
and/or any web sites linked to 11sqft.com
or gain un-authorized access any information regarded as private
by other Users or persons, including but without limitation to
accessing data and information not intended for them or logging
onto a server or account which the User is not authorized to access,
attempting to probe, scan or test the vulnerability of a system
or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce, post or transmit
any information or software, which contains a virus, worm or other
harmful component into the internet or 11sqft.com
- In the event that the User breaches any of the above mentioned
covenants, the Company shall have the right to delete any material
relating to the violations. The Company reserves the unilateral
right to suspend or/and deactivate the User's access to 11sqft.com
the Service and/or any other related facility in case of violation
to the Company, the Company shall have the right to any legal
remedy, against the User to recover the loss suffered by the Company
and the harm caused to the reputation of the Company, due to such
violation by the User.
- The Users shall avail the Service on 11sqft.com
or any other related site for lawful purposes alone. Transmission
or/and distribution or/and storage of material or/and conduct
in violation of any applicable local or/and state or/and Central
or/and foreign law or/and regulation is prohibited. This includes
without limitation any unauthorized use of material protected
by patent or/and copyright or/and trademark or/and other intellectual
property right, material that is obscene or/and defamatory or/and
libellous or/and constitutes an illegal threat, or/and violates
rights of privacy or publicity, or/and violates export control
laws. The User may use the information on our site only to the
extent necessary to facilitate the related transactions.
- Company strongly opposes SPAM, which floods the Internet with
unwanted and unsolicited email and deteriorates the performance
and availability of the 11sqft.com
site. All forms of SPAM, or any other activities that have the
effect of facilitating SPAM, are strictly prohibited.
- Company also prohibits the use of another Internet service
to send or post SPAM to drive visitors to your site hosted on
or through 11sqft.com
site, whether or not the messages were originated by you, under
your direction, or by or under the direction of a related or unrelated
- You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
| IX. Confidentiality &
- To protect the secrecy of his user Identification and/or password
the User shall take all such measures as may be necessary (including
but without limiting to changing his password from time to time
and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service;
the User shall use only his own user Identification.
- It is agreed by the User that he acquire s no rights to any
mailbox number or/and the user identification or/and circuit reference
or/and any codes assigned to him by the Company. The User further
agrees that except as otherwise proved herein, the Company reserves
the right to change or/and re-assign the same to the User at its
sole discretion without being liable to the User for any kind
of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and
password or/and security word, the User shall notify the Company
immediately by telephone or/and personally concurrently provide
the Company with a written notice to that effect. The User shall
remain liable for use of the Services by any third party until
such theft or loss is notified to the Company.
- The password and username being made available to the customer
shall be used only by the organization named by the customer and
the employee of the organization. The User shall take all necessary
pre-cautions to prevent un-authorized access or/and leakage of
username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download
or/and extract either a complete or/and partial listing from 11sqft.com
database without prior consent from 11sqft.com in writing.
| X. Maintenance
- The Company may at its sole discretion and without assigning
any reason whatsoever at any time deactivate or/and suspend the
User’s access to 11sqft.com
and/or the Services (as the case may be) without notice to carry
out system maintenance or/and upgrading or/and testing or/and
repairs or/and other related work. Without prejudice to any other
provisions of this Agreement, the Company shall not be liable
for any loss or/and damage or/and costs or/and expense that the
User may suffer or incur, and no fees or/and charges payable by
the User to the Company shall be deducted or refunded or rebated,
as a result of such deactivation or/and suspension.
| XI. Termination
- Either party to this agreement may terminate this Agreement
by giving prior notice of 30 days in writing.
- It shall be on the discretion of the Company that the period
of notice of 30 days may be waived or a shorter period of notice
may be accepted in writing from the User.
- However, the Company irrespective of clause 1 and 2 above may
terminate this Agreement with immediate effect, without prior
notice to the User and without assigning any reason/s whatsoever
(a) if in the opinion of the Company, the User has breached
any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority,
it i s not in the public interest to continue providing the Service
to the User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters
into any compromise or arrangement with its creditors and further
without any prejudice to any/all other rights:
| XII. Liabilities upon Termination
- If the Agreement is terminated pursuant to clauses set out
in XI above, without prejudice to any other remedies available
to the Company, the User shall be liable for Subscription Fees
payable until the Date of Termination.
- The amounts due and payable to the Company by the User upon
termination shall be payable within 30 days of the relevant Date
| XIII. Suspension of Service
- If any monies payable by the User to the Company are not paid
on the due date, the Company may without prejudice to any other
rights or remedies that may be available to it suspend the Service
provided to the User.
- When the Service subscribed for is suspended, it shall be deemed
to be terminated. The date shall be such as stipulated by the
Company and the User shall be liable for all the charges and fees
incurred upto the date.
- Upon subsequent payment by the User of such monies as demanded
by the Company, the Company may at its discretion and subject
to such terms as it deems proper, reconnect the Service.
|XIV. Moneyback Policy
- Moneyback can be initiated by a User, using the Feedback link on
11sqft.com or by writing to firstname.lastname@example.org or by calling the customer care number, if the User is unsatisfied with the responses received against a Listing posted using the Moneyback Package provided by the Company.
- For claiming any moneyback, there should be atleast one property posted using the package.
- User shall be first offered an extension of duration for the Listing that was posted using Moneyback Package for Free, to evaluate the responses again.
- If the user is still not satisfied with the responses offered after the duration is extended, Moneyback shall be initiated by the Company.
- Moneyback can be initiated within the lifetime of the listing (i.e. 60 days from date of posting).
- Moneyback can only be initiated against the same Order ID & Customer Name as mentioned during Order Booking.
- Order Booking should be in the Client's name as the refund will be processed in the same name.
- For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
- Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.
| XV. Violation of Terms &
- If the Company,
in its sole discretion, determines that a violation of the Terms
& Conditions has occurred, Company
may pursue any of its legal remedies, including but not limited
to the immediate deletion of any offending material from its site
or/and cancellation of your account and/or the exclusion of any
person(s) who may have violated any Terms & Conditions. Company
could also pursue violators with claims that they have violated
various criminal and/or civil law provisions as applicable under
the relevant Acts/Rules, etc of the land. 11sqft.com
will cooperate with any investigation by any Central or/and State
or/and local body or/and any court or/and tribunal having the
competence to carry out the same. Such cooperation may be without
notice to the User. If Company
believes in its sole discretion that any advertisement or/and
services may create liability for Company,
may take any actions that it believes are prudent or necessary
to minimize or/and eliminate its potential liability, including
but not limited to, the release of User information. In sum, Company
reserves the right to refuse service to anyone at any time, or/and
to remove any listings or/and any advertisements for any reason,
and without notice.
| XVI. Disclaimer
Warranties: The User shall agree that use of the service e is at the
user's sole risk. The service is provided on an "as is"
or/and on an "as available" basis. Company
expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
- The Company
makes no warranty that the service shall meet user's requirements,
that the service shall be uninterrupted or/and timely or/and secure
or/and error free; nor does 11sqft.com
make any warranty as to the results that may be obtained from
the use of the service or as to the accuracy or reliability of
any information obtained from the service. Cancellations and alterations
shall be effected only on the receipt of application regarding
the same in writing.
- The Company shall not be liable for any disclosure of information
concerning the User’s account and/or particular s nor for
any error and/or omissions and/or inaccuracy with regard to information
so disclosed. In addition The Company shall further not be liable
for any loss or damages sustained by reason of such disclosure,
weather intentionally or inadvertently.
- In case the there is any loss of information, caused due to
any reason, weather as a result of any disruption of service,
suspension and/or termination of the Service, the Company shall
not be liable in any way for the same. Further the Company is
not responsible for the accuracy, quality and/or contents of any
information available, received and/or transmitted through this
- All information are accepted in good faith and Company
accept no responsibility whatsoever regarding the bonafide of
the user, nor can any interviews be granted or/and correspondence
entered into regarding any advertisement published.
- The User shall ensure that while using the Service, all prevailing
and applicable laws, rules and regulations, directly or indirectly
for the use of systems, service or equipment shall at all times,
be strictly complied with by the User and the Company shall not
be liable in any manner whatsoever for default of any nature regarding
the same, by the User.
- The Company does not warrant that 11sqft.com
or any of the web sites linked to 11sqft.com
be free of any operational hazards or error s nor that it will
be free of any virus or/and worm or/and any other harmful components.
- It is not the Company’s policy to exercise any kind of
supervisory or editorial control over and/or edit and/or amend
any data and/or contents of any e-mails and/or posting of any
information that that may be inserted or/and made available or
transmitted to a third party in or through 11sqft.com
and the User acknowledges the same. The User acknowledges and
agrees that the Company has absolute discretion to refuse and/or
suspend or/and terminate and/or delete and/or amend any artwork,
materials and/or information or/and content of any data and/or
information or/and posting so as, in the sole opinion of the Company,
to comply with the prevailing legal framework and/or moral obligations
as placed on the Company and in order to avoid infringing any
third party’s rights and/or any other rules and/or standards
and/or codes of practices that may be applicable to the posting
and/or the internet.
is not involved in any transaction between any parties who are
using our website. There are risks, which the User assumes when
dealing with people who might be acting under false pretences
and the same shall be borne by the User. The website is a venue
only and do not screen or/and censor or/and otherwise control
the listings offered to other Users, nor does Company
screen or/and censor or/and otherwise control the Users of its
cannot and does not control the behaviour of the participants
on this site. We cannot control whether or not Users of 11sqft.com
will complete the transactions they describe on our site. It is
extremely important that the user takes care throughout his dealings
with other people, users on this site. Company
does not accept or/and assume responsibility for the content or/and
context of the user comment.
- If there is any dispute between the Users/participants on this
site, it is agreed upon by the Users/participants that Company
has no obligation whatsoever to be involved in any such dispute/s.
In the event that the user has a dispute with one or more User/s
or/and participant/s, the User hereby undertake s not to make
any claims or/and demands or/and damages (actual or/and consequential)
of every kind or/and nature or/and known or/and unknown or/and
suspected or/and unsuspected or/and disclosed or/and undisclosed,
arising out of or/and in any way related to such disputes and/or
our service against the company or/and their officers or/and employees
or/and agents or/and successors.
- The User understands and agrees that any information or/and
material and/or goods or/and services obtained through this website
is done at user's own discretion and risk and that user shall
be solely responsible for any damage/s or/and cost or/and any
other consequence/s resulting from any transaction.
- No advice or or/any information, whether oral or/and written,
obtained by the User from 11sqft.com
or/and through or/and from the service shall create any warranty
not expressly stated herein.
- In case a visitor to the portal is desirous of conducting a
site visit of the property he/she is interested in, it shall be
the sole liability and duty of the Advertiser to arrange for such
site visits. The Company
shall not be liable in any manner whatsoever, towards any liability
and/or costs, arising out of such site visits including but not
limited to non-fulfillment by the Advertiser in this regard.
- The website’s total liability under this Agreement in
any circumstance shall be limited to the total amount of fees
or/and charges paid by the User to the Company’s website
or the period immediately preceding two (2) months prior to the
incident giving rise to the relevant claim.
- This Website/ E-mail are vulnerable to data corruption, interception,
tampering, viruses as well as delivery errors and we do not accept
liability for any consequence that may arise therefrom
- The Platinum Listing is listed for a period of two weeks only
from the day the Order is activated. Company
shall not be liable for any delay arising from the User’s
end in conversion of their property listing to Platinum Listing,
resulting in the Platinum Ad listing not being showcased for the
complete period of two weeks. This package cannot be transferred,
adjusted or reimbursed.
- Company shall not be responsible for the advice, views and suggestions provided by the expert.
The information contained herein should be used for reference only. Before relying on any such advice, please do an
independent assessment at your end considering your specific requirements and the parameters you have in mind.
11sqft.com will not be responsible for any claims arising out of the use of any information displayed herein.
| XVII. Limitation of Liability
- User agrees that neither Company
nor its group companies, directors, officers or employee shall
be liable for any direct or/and indirect or/and incidental or/and
special or/and consequential or/and exemplary damages, resulting
from the use or/and the inability to use the service or/and for
cost of procurement of substitute goods or/and services or resulting
from any goods or/and data or/and information or/and services
purchased or/and obtained or/and messages received or/and transactions
entered into through or/and from the service or/and resulting
from unauthorized access to or/and alteration of user's transmissions
or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits
or/and use or/and data or other intangible, even if Company
has been advised of the possibility of such damages. User further
agrees that Company
shall not be liable for any damages arising from interruption,
suspension or termination of service, including but not limited
to direct or/and indirect or/and incidental or/and special consequential
or/and exemplary damages, whether such interruption or/and suspension
or/and termination was justified or not, negligent or intentional,
inadvertent or advertent. User agrees that Company
shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum,
in no event shall Company's total liability to the User for all
damages or/and losses or/and causes of action exceed the amount
paid by the User to Company,
if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for
shortage or non fulfillment of the service/s on Company
or any other related site due to or arising out of technical failure
or/and malfunctioning or/and otherwise and the User hereby undertakes
that in such situation/s, the User shall not claim any right/damages/
relief, etc against the Company for “Deficiency of service”
under The Consumer Protection Act or any other Act/Rules, etc.
- Company shall not be liable for any and all costs,
charges, expenses, etc incurred in relation to the downloading
fees by third party, airtime, ISP connection costs, etc., of which
are to be borne by the user personally.
- Company shall not be responsible for any malfunctioning,
non-functioning of the mobile phone or any other application,
and or any damage, loss, either direct or indirect arising out
of the use of the 11sqft.com mobile application on your mobile
| XVIII. Use of Information/Data
The User hereby agrees and irrevocably
authorizes that the Company has the right to:
| XXXI . RERA Disclaimer
It is recommended and advised to refer to the RERA website to see complete information with respect to any Project/Property developed, built by a Developer/ Builder and/or initiated /referred to by a broker (which is required to be registered with Specified Authorities under RERA) before making any Buy/Sell or any other decisions.
11sqft.com makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by Developer/Builder on its site with respect to any property or project.